Self-Regulatory Organizations; The Depository Trust Company; Notice of Withdrawal of Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Specify Procedures Available to Issuers of Securities Deposited at DTC for Book Entry Services When DTC Imposes or Intends To Impose Restrictions on the Further Deposit and/or Book Entry Transfer of Those Securities, 49825-49826 [2014-19914]
Download as PDF
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Notices
impediments to and perfect the
mechanisms of a free and open market
because it simply increases the
administrative efficiency with which
the Exchange processes listing
applications without substantively
increasing the burden on listed
companies.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
tkelley on DSK3SPTVN1PROD with NOTICES
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 6 and Rule
19b–4(f)(6) thereunder.7 Because the
proposed rule change does not: (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.8
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6)(iii). As required under
Rule 19b–4(f)(6), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change.
7 17
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Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
The Exchange does not believe that
the proposed rule changes will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purpose of the Act. The proposed
rule change will have no impact on
competition as it simply permits a
change in the manner in which listing
fees are collected, without changing the
amount of those fees.
6 15
IV. Solicitation of Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2014–68 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEMKT–2014–68. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEMKT–2014–68 and should be
submitted on or before September 12,
2014.
9 17
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CFR 200.30–3(a)(12).
Frm 00072
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49825
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–19913 Filed 8–21–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72860; File No. SR–DTC–
2013–11]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Withdrawal of Proposed Rule Change,
as Modified by Amendment Nos. 1 and
2, To Specify Procedures Available to
Issuers of Securities Deposited at DTC
for Book Entry Services When DTC
Imposes or Intends To Impose
Restrictions on the Further Deposit
and/or Book Entry Transfer of Those
Securities
August 18, 2014.
On December 5, 2013, The Depository
Trust Company (‘‘DTC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) proposed rule change
SR–DTC–2013–11 (‘‘Proposed Rules’’)
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder.2 The Proposed Rules were
published in the Federal Register on
December 24, 2013.3 The Commission
received ten comments from eight
commenters to the Proposed Rules 4 and
two letters from DTC responding to
those comments.5 On February 6, 2014,
DTC extended the date for Commission
action on the Proposed Rules to March
24, 2014. On February 10, 2014, DTC
filed Amendment No. 1 to the Proposed
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Release No. 34–71132 (Dec. 18, 2013); 78 FR
77755 (Dec. 24, 2013).
4 See Letters to Elizabeth M. Murphy, Secretary,
Commission, from: Suzanne H. Shatto dated
December 20, 2013 (‘‘Shatto Letter I ’’); Simon
Kogan dated December 22, 2013 (‘‘Kogan Letter’’);
DTCC BigBake dated December 27, 2013 (‘‘DTCC
BigBake Letter I’’) and March 14, 2014 (‘‘DTCC
BigBake Letter II’’); Brenda Hamilton, Hamilton &
Associates Law Group, PA (‘‘Hamilton Letter’’);
Charles V. Rossi, Chairman, STA Board Advisory
Committee, Securities Transfer Association dated
January 14, 2014 (‘‘STA Letter I’’); Louis A.
Brilleman, Louis A. Brilleman, P.C. dated January
14, 2014 (‘‘Brilleman Letter I’’); Gary Emmanuel and
Harvey Kesner, Sichenzia Ross Friedman Ference
LLP dated January 14, 2014 (‘‘Sichenzia Letter I’’)
and February 24, 2014 (‘‘Sichenzia Letter II’’); and
Susanne Trimbath, STP Advisory Services, LLC
dated March 19, 2014 (‘‘Trimbath Letter’’).
5 See Letters to Elizabeth M. Murphy, Secretary,
Commission, from Isaac Montal, Managing Director
and Deputy General Counsel, DTCC dated February
10, 2014 (‘‘DTC Letter I’’) and March 3, 2014 (‘‘DTC
Letter II’’).
2 17
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49826
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Notices
Rules. On March 10, 2014, DTC Filed
Amendment No. 2 to the Proposed
Rules. On March 19, 2014, the
Commission published Amendment
Nos. 1 and 2 for comment and instituted
proceedings to determine whether to
approve or disapprove the Proposed
Rules, as modified by Amendment Nos.
1 and 2.6 During the course of these
proceedings, the Commission received
eight additional comment letters from
seven commenters 7 and two letters in
response from DTC.8 On June 13, 2014,
the Commission extended the deadline
for Commission action on the Order
Instituting Proceedings to August 21,
2014.9
On August 15, 2014, DTC withdrew
the Proposed Rules, as amended by
Amendment Nos. 1 and 2 (SR–DTC–
2013–11).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–19914 Filed 8–21–14; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
6 See Release No. 34–71745 (March 19, 2014); 79
FR 16392 (March 25, 2014).
7 See Letters to Elizabeth M. Murphy, Secretary,
Commission from: Louis A. Brilleman, Louis A.
Brilleman, P.C. dated April 10, 2014 (‘‘Brilleman
Letter II’’); Charles V. Rossi, Chairman, STA Board
Advisory Committee, Securities Transfer
Association dated April 15, 2014 (‘‘STA Letter II’’);
Daniel Zwiren, President and CEO, Edward
Petraglia, General Counsel, Optigenex Inc. dated
May 5, 2014 (‘‘Optigenex Letter I’’); and Suzanne H.
Shatto dated May 9, 2014 (Shatto Letter II’’). See
Letter to Elizabeth M. Murphy, Secretary,
Commission and Lisa D. Levey, Secretary, the
Depository Trust Company from Daniel Zwiren,
President and CEO, Edward Petraglia, General
Counsel, Optigenex Inc. dated April 15, 2014
(‘‘Optigenex Letter II’’). See Letters to Kevin M.
O’Neill, Deputy Secretary, Commission from Gary
Emmanuel and Harvey Kesner, Sichenzia Ross
Friedman Ference LLP dated April 29, 2014
(‘‘Sichenzia Letter III’’); William Ferguson, Carlton
Huxley Ltd. dated June 27, 2014 (‘‘Carlton Letter’’);
and Jan Harris dated July 1, 2014 (‘‘Harris Letter’’).
8 See Letters to Elizabeth M. Murphy, Secretary,
Commission, from Isaac Montal, Managing Director
and Deputy General Counsel, DTCC dated April 29,
2014 (‘‘DTC Letter III’’) and May 6, 2014 (‘‘DTC
Letter IV’’).
9 See Release No. 34–72391 (June 13, 2014); 79 FR
35193 (June 19, 2014).
10 17 CFR 200.30–3(a)(31).
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SECURITIES AND EXCHANGE
COMMISSION
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
[File No. 500–1]
In the Matter of ATP Oil & Gas Corp.,
Cambridge Holdings, Ltd., FTE
Networks, Inc., Raystream, Inc., and
Shelron Group, Inc.; Order of
Suspension of Trading
August 20, 2014.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of ATP Oil &
Gas Corp. because it has not filed any
periodic reports since the period ended
March 31, 2012.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Cambridge
Holdings, Ltd. because it has not filed
any periodic reports since the period
ended September 30, 2011.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of FTE
Networks, Inc. because it has not filed
any periodic reports since the period
ended June 30, 2012.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Raystream,
Inc. because it has not filed any periodic
reports since the period ended July 31,
2012.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Shelron
Group, Inc. because it has not filed any
periodic reports since the period ended
December 31, 2012.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies. Therefore, it is ordered,
pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that
trading in the securities of the abovelisted companies is suspended for the
period from 9:30 a.m. EDT on August
20, 2014, through 11:59 p.m. EDT on
September 3, 2014.
International Building Technologies
Group, Inc., Regeneca, Inc., Retail Pro,
Inc., and Tri-Valley Corporation, Order
of Suspension of Trading
August 20, 2014.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of
International Building Technologies
Group, Inc. because it has not filed any
periodic reports since the period ended
September 30, 2011.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Regeneca,
Inc. because it has not filed any periodic
reports since the period ended
September 30, 2011.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Retail Pro,
Inc. because it has not filed any periodic
reports since the period ended
December 31, 2007.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Tri-Valley
Corporation because it has not filed any
periodic reports since the period ended
March 31, 2012.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies. Therefore, it is ordered,
pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that
trading in the securities of the abovelisted companies is suspended for the
period from 9:30 a.m. EDT on August
20, 2014, through 11:59 p.m. EDT on
September 3, 2014.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014–20110 Filed 8–20–14; 4:15 pm]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments
By the Commission.
Jill M. Peterson,
Assistant Secretary.
ACTION:
[FR Doc. 2014–20112 Filed 8–20–14; 4:15 pm]
SUMMARY:
60-day notice and request for
comments.
BILLING CODE 8011–01–P
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The Small Business
Administration (SBA) intends to request
E:\FR\FM\22AUN1.SGM
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Agencies
[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49825-49826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19914]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-72860; File No. SR-DTC-2013-11]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Withdrawal of Proposed Rule Change, as Modified by Amendment
Nos. 1 and 2, To Specify Procedures Available to Issuers of Securities
Deposited at DTC for Book Entry Services When DTC Imposes or Intends To
Impose Restrictions on the Further Deposit and/or Book Entry Transfer
of Those Securities
August 18, 2014.
On December 5, 2013, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2013-11 (``Proposed Rules'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\
and Rule 19b-4 thereunder.\2\ The Proposed Rules were published in the
Federal Register on December 24, 2013.\3\ The Commission received ten
comments from eight commenters to the Proposed Rules \4\ and two
letters from DTC responding to those comments.\5\ On February 6, 2014,
DTC extended the date for Commission action on the Proposed Rules to
March 24, 2014. On February 10, 2014, DTC filed Amendment No. 1 to the
Proposed
[[Page 49826]]
Rules. On March 10, 2014, DTC Filed Amendment No. 2 to the Proposed
Rules. On March 19, 2014, the Commission published Amendment Nos. 1 and
2 for comment and instituted proceedings to determine whether to
approve or disapprove the Proposed Rules, as modified by Amendment Nos.
1 and 2.\6\ During the course of these proceedings, the Commission
received eight additional comment letters from seven commenters \7\ and
two letters in response from DTC.\8\ On June 13, 2014, the Commission
extended the deadline for Commission action on the Order Instituting
Proceedings to August 21, 2014.\9\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Release No. 34-71132 (Dec. 18, 2013); 78 FR 77755 (Dec.
24, 2013).
\4\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from: Suzanne H. Shatto dated December 20, 2013 (``Shatto Letter I
''); Simon Kogan dated December 22, 2013 (``Kogan Letter''); DTCC
BigBake dated December 27, 2013 (``DTCC BigBake Letter I'') and
March 14, 2014 (``DTCC BigBake Letter II''); Brenda Hamilton,
Hamilton & Associates Law Group, PA (``Hamilton Letter''); Charles
V. Rossi, Chairman, STA Board Advisory Committee, Securities
Transfer Association dated January 14, 2014 (``STA Letter I'');
Louis A. Brilleman, Louis A. Brilleman, P.C. dated January 14, 2014
(``Brilleman Letter I''); Gary Emmanuel and Harvey Kesner, Sichenzia
Ross Friedman Ference LLP dated January 14, 2014 (``Sichenzia Letter
I'') and February 24, 2014 (``Sichenzia Letter II''); and Susanne
Trimbath, STP Advisory Services, LLC dated March 19, 2014
(``Trimbath Letter'').
\5\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from Isaac Montal, Managing Director and Deputy General Counsel,
DTCC dated February 10, 2014 (``DTC Letter I'') and March 3, 2014
(``DTC Letter II'').
\6\ See Release No. 34-71745 (March 19, 2014); 79 FR 16392
(March 25, 2014).
\7\ See Letters to Elizabeth M. Murphy, Secretary, Commission
from: Louis A. Brilleman, Louis A. Brilleman, P.C. dated April 10,
2014 (``Brilleman Letter II''); Charles V. Rossi, Chairman, STA
Board Advisory Committee, Securities Transfer Association dated
April 15, 2014 (``STA Letter II''); Daniel Zwiren, President and
CEO, Edward Petraglia, General Counsel, Optigenex Inc. dated May 5,
2014 (``Optigenex Letter I''); and Suzanne H. Shatto dated May 9,
2014 (Shatto Letter II''). See Letter to Elizabeth M. Murphy,
Secretary, Commission and Lisa D. Levey, Secretary, the Depository
Trust Company from Daniel Zwiren, President and CEO, Edward
Petraglia, General Counsel, Optigenex Inc. dated April 15, 2014
(``Optigenex Letter II''). See Letters to Kevin M. O'Neill, Deputy
Secretary, Commission from Gary Emmanuel and Harvey Kesner,
Sichenzia Ross Friedman Ference LLP dated April 29, 2014
(``Sichenzia Letter III''); William Ferguson, Carlton Huxley Ltd.
dated June 27, 2014 (``Carlton Letter''); and Jan Harris dated July
1, 2014 (``Harris Letter'').
\8\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from Isaac Montal, Managing Director and Deputy General Counsel,
DTCC dated April 29, 2014 (``DTC Letter III'') and May 6, 2014
(``DTC Letter IV'').
\9\ See Release No. 34-72391 (June 13, 2014); 79 FR 35193 (June
19, 2014).
---------------------------------------------------------------------------
On August 15, 2014, DTC withdrew the Proposed Rules, as amended by
Amendment Nos. 1 and 2 (SR-DTC-2013-11).
---------------------------------------------------------------------------
\10\ 17 CFR 200.30-3(a)(31).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-19914 Filed 8-21-14; 8:45 am]
BILLING CODE 8011-01-P